SEEKING CONSENT OF AL-THAYYIBIN MARRIAGE IN WORDS AND OF A VIRGIN IN (MEANINGFUL) SILENCE

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as having said: A woman without a husband (or divorced or a widow) must not be married until she is consulted, and a virgin must not be married until her permission is sought. They asked the Prophet of Allah (may peace be upon him): How her (virgin's) consent can be solicited? He (the Holy Prophet) said: That she keeps silence.

3304.

This hadith has been narrated through another chain of transmitters.

3305.

'A'isha (Allah be pleased with her) reported: I asked Allah's Messenger (may peace be upon him) about a virgin whose marriage is solemnised by her guardian, whether it was necessary or not to consult her. Allah's Messerger (may peace be upon him) said: Yes, she must be consulted. 'A'isha reported: I told him that she feels shy, whereupon Allah's Messenger (may peace be upon him) said: Her silence implies her consent.

3306.

Ibn 'Abbas (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying: A woman without a husband has wore right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent.

3307.

Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.